IPSA -V- WESTGATE MEDICAL CENTRE [1997] IRCA 154

DECISION NO:154/97 CATCHWORDS INDUSTRIAL LAW - complaint of UNLAWFUL TERMINATION - JURISDICTION - whether ABANDONMENT of employment - whether TERMINATION at the INITIATIVE of the EMPLOYER - whether employee given OPPORTUNITY TO RESPOND - REMEDY - whether REINSTATEMENT IMPRACTICABLE - where mutual hostility and offence remains - COMPENSATION - exercise of discretion - accounting for all circumstances in proceeding - conduct of applicant after the termination. - DAMAGES - failure of employer to give NOTICE or payment in lieu thereof - Workplace Relations Act 1996 ss170DB, 170DC, 170DE(1), 170EA, 170EE IPSA -V- WESTGATE MEDICAL CENTRE VI 2434 of 1996 Before : PARKINSON JR Place : MELBOURNE Date : 2 MAY 1997 IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI 2434 of 1996 B E T W E E N: Amanda IPSA Applicant A N D WESTGATE MEDICAL CENTRE Respondent MINUTES OF ORDERS 2 MAY 1997 PARKINSON JR THE COURT ORDERS THAT: 1. The respondent pay to the applicant compensation in the sum of $656.00 pursuant to Subsection 170EE(3) of the Workplace Relations Act, 1996. 2. The respondent pay to the applicant damages in the sum of $328.00 pursuant to Subsection 170EE(5) of the Workplace Relations Act, 1996. 3. Such payments to be made within 21 days of this Order. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI 2434 of 1996 B E T W E E N: Amamda IPSA Applicant A N D WESTGATE MEDICAL CENTRE Respondent REASONS FOR DECISION 2 MAY 1997 PARKINSON JR This is an application made pursuant to Section 170EA of the Workplace Relations Act 1996.('the Act') The applicant was employed by the respondent at its medical centre in Werribee. The registered business name of the respondent is Westgate Medical Centre and the business was conducted by Dr. Feda Eqbal and Mrs. Nabila Eqbal. At the time of the employment the centre was newly finished and about to commence operations. At commencement of operations the Centre was principally attended by Dr. Eqbal. The applicant, together with two other people, was employed as a receptionist, on a part time basis, to perform reception and other general duties associated with a medical practice. The hours of the practice were 8:00 a.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends. There were two designated shifts per day, the first shift being 10:00 a.m. to 3:00 p.m. and the second 3:00 p.m. to 10:00 p.m. The reception staff made arrangements between themselves regarding shift allocation.